AMBURE NIVRUTII Vs. GNCT OF DELHI AND ORS.

JUDGEMENT

(1.) THE Petitioner, a constable in Delhi Police, was charge sheeted as he had remained absent for more than 194 days during the period 5th February, 2000 till 23rd June, 2002. The charge sheet further records as under:

(2.) THE Respondent had issued absentee notices dated 24th April, 2002, 17th May, 2002, 14th June, 2002 and 16th August, 2002, but without any result. The Petitioner neither informed the Respondent about his absence nor reported to the concerned civil hospital for medical examination. The Petitioner had also remained absent from duty with effect from 28th March, 2002 without intimation or prior permission of the competent authority.

(3.) THE Petitioner filed an appeal against the order dated 12th September, 2004 on or about 9th January, 2007 after a delay of more than two years. The appeal was belated and barred by time. The appellate authority examined the merits of the case and came to the conclusion that the Petitioner used to go on leave and would remain absent as per his own will and did not follow any rules. It was observed that the unauthorized absence cannot be condoned and the same was an act of indiscipline in the present case. On the question of delay, the disciplinary authority has held that the appeal was highly belated and the delay should not be condoned.